Exceptions to the Statute of Limitations: Foreign Objects and Cancer Diagnosis Cases

Medical malpractice claims in New York are governed by specific rules when it comes to time limits, but there are important exceptions if your case involves a foreign object left in your body, or a missed diagnosis of cancer.

Foreign Object Cases:
If a foreign object—such as a surgical sponge, instrument, or other item—is discovered inside your body after a medical procedure, the law grants you up to one year from the date you actually discover (or reasonably should have discovered) the object to start your lawsuit. This is intended to protect patients who may not immediately realize something was left behind until symptoms surface much later.

Failure to Diagnose Cancer:
For cases involving the failure to diagnose cancer or a malignant tumor, New York law—specifically under “Laverne’s Law”—allows you up to two and a half years from the date you discover the negligence to begin legal action. However, this discovery must occur within seven years of the alleged medical mistake or the last date you received continuous treatment from the negligent medical provider.

These exceptions are in place because the consequences of these specific errors may not become evident until well after the initial treatment or procedure. If you’re concerned you may fall under one of these categories, our attorneys can help you determine the deadlines that apply to your situation.

Additional Considerations in Medical Malpractice Claims

When diving deeper into the world of medical malpractice, a few critical topics often come into play beyond the basics:

• Timing is Everything: Understanding when to bring a lawsuit for injuries caused by faulty medical devices can make or break your case. Laws like the discovery rule and statute of limitations in New York could affect your claim—so it’s wise to keep a close eye on important deadlines.
• Physician Fatigue: Overtired doctors are more than just a subplot from a medical drama; real-life exhaustion can lead to mistakes with serious consequences. Considering doctor fatigue as a potential factor in your situation is essential.
• Don’t Go Solo: Navigating a malpractice case can feel like hiking the Appalachian Trail with only a paper map. Getting seasoned legal guidance is almost never optional—consulting with experienced professionals, or tapping resources from organizations like the American Medical Association or The National Practitioner Data Bank, can provide necessary support.
• Weighing the True Costs: Medical malpractice goes beyond hospital bills, often leading to lost income, future care expenses, and emotional fallout. Assessing the full scope of damages is key to any claim.
• Knowing Your Rights: Rules surrounding the timing of claims and what counts as “discovery” vary by state. In New York, for example, you may have more time under specific circumstances, but don’t assume—double-check to avoid surprises.

These topics can all shape your strategy, so be sure to do your homework—or enlist someone who can handle the legwork for you.

Is There a Limit on Damages in New York Medical Malpractice Cases?

In New York, there is no legal cap on the amount of damages that can be awarded in a medical malpractice lawsuit. Unlike some other states that limit compensation, New York allows juries and judges to award damages based on the circumstances of your case, including both economic and non-economic losses. This means victims can pursue full financial recovery for medical bills, lost wages, pain and suffering, and other related costs without being restricted by arbitrary limits.

Understanding the Time Limits for New York Medical Malpractice Cases

If you or a loved one is considering bringing a medical malpractice claim in New York, it’s important to know that there are strict deadlines that must be followed to protect your rights.

The Basics: Statute of Limitations

Generally, you have two and a half years from the date of the medical error—or the last date of ongoing treatment for the same issue—to start your lawsuit. This means if you’re undergoing a series of medical treatments related to the same condition, your clock starts ticking at the end of that continuing care.

Exceptions: The Discovery Rule and “Laverne’s Law”

But as with all things legal, there are exceptions! New York law recognizes that some injuries or errors aren’t discovered right away. Thanks to “Laverne’s Law,” passed in 2018:

• Foreign Objects: If a medical professional leaves a foreign object in your body, you have one year from the date you discover (or should have discovered) the object to file a claim.

• Cancer Cases: If a misdiagnosis or delayed diagnosis involves cancer or a malignant tumor, you have up to two and a half years from the date you discover the error to start your case. However, this discovery must be made within seven years of the original mistake or the end of continuous treatment.

Timing Is Everything

Navigating these rules can feel overwhelming, especially if you’re still recovering or receiving treatment. But the law is designed to give patients enough time to seek justice—even when issues are uncovered years later.

If you think you might be dealing with medical malpractice, don’t wait. Speak to an experienced attorney who can help you understand exactly which deadlines apply in your situation, so your rights are fully protected.

Understanding the Statute of Limitations for Medical Malpractice in New York

When it comes to pursuing a medical malpractice claim in New York, timing can make all the difference. The law gives you a specific window within which you can take action, and understanding these rules can help protect your rights if you or a loved one has experienced harm due to medical negligence.

The Standard Timeframe:
For most medical malpractice cases in New York, you generally have two and a half years (30 months) from the date of the alleged malpractice to start your lawsuit. If your treatment was ongoing—such as a series of procedures or regular follow-up appointments—the clock begins ticking from the date of your last treatment for the issue in question.

The Discovery Rule:
Some situations aren’t as clear-cut, especially if you weren’t immediately aware that malpractice occurred. For these cases, New York applies what’s called the “Discovery Rule.” This rule is especially important if you only found out about a medical error or its consequences months or even years after your treatment.

Updates Under Laverne’s Law:
In 2018, New York adopted “Laverne’s Law,” which made several important changes:

• Foreign Objects: If a foreign object (like a surgical sponge or instrument) is left inside your body, you have up to one year to file a claim from the date you discover the object, giving you vital extra time that wouldn’t otherwise be available.

• Cancer Misdiagnosis: If a medical professional fails to diagnose cancer or a malignant tumor because of negligence, you have two and a half years from the date you discover (or should have discovered) this mistake to bring your case—so long as the diagnosis occurs within seven years of the original error or your last related treatment.

Why These Time Limits Matter:
Navigating the medical and legal worlds at the same time can be exhausting, especially when recovering from an injury or dealing with ongoing treatments. These statutes of limitations are designed with that in mind, providing you with some flexibility but also requiring prompt action.

If you think you may have a case, don’t wait—reaching out to a medical malpractice attorney can help clarify your options and ensure deadlines don’t slip by. Your well-being is too important to leave up to chance.

Recent Medical Malpractice Case Outcomes

If you’re curious about what real-world results look like in New York medical malpractice cases, here’s a sampling of recoveries awarded to patients and families after medical negligence:

• Multi-million dollar verdicts for brain injury: Several individuals and their families have received settlements and jury awards exceeding $10 million in cases involving catastrophic brain injuries, often related to delayed delivery during childbirth or failures to diagnose severe complications.

• Notable wrongful death awards: There have been numerous instances where juries or settlements awarded sums between $2.75 million and $6.2 million in cases where a patient’s death—or significant disability—was traced to missed diagnoses, improper medication administration, or surgical errors.

• Life-altering injury compensation: Victims who suffered from conditions such as toxic epidermal necrolysis, improperly performed surgeries, or prolonged undiagnosed illnesses have received settlements ranging from $3 million to over $8 million, reflecting both the severity of their injuries and the long-term impact on quality of life.

These results illustrate both the severe consequences of medical malpractice and the scale of compensation sometimes available through legal action.

What must a plaintiff prove to win a medical malpractice claim in New York City?

Successfully winning a medical malpractice case in New York City means meeting several specific legal requirements. Simply being injured is not enough—a plaintiff needs to clearly demonstrate that:

• A doctor-patient relationship existed. This is the foundation for any claim, confirming that the healthcare provider owed a duty of care to the patient.
• The standard of care was breached. The plaintiff must show that the treatment received fell below what a reasonably competent healthcare provider would have delivered under similar circumstances. In other words, did the doctor, nurse, or hospital fail to act as others would have in their position?
• The breach caused actual harm. There needs to be a direct link between the provider’s actions (or inaction) and the injuries or complications suffered. It’s not enough to prove that there was a mistake—you must also show that this error led to real harm.

These elements must be established through thorough investigation, often with the assistance of medical experts. If they are proven, either a jury may award compensation, or the provider’s insurance company may settle in anticipation of an unfavorable verdict.

Focused and Effective Manhattan Injury Attorneys

Our leading attorney, Mark S. Segal, Esq., has been practicing law for more than 20 years and has experience with all forms of medical malpractice law. These types of cases are very complex and, therefore, in order to accomplish the best outcome for your medical malpractice claim, you should go with the trusted and competent attorneys at Segal & Lax. By contacting our law firm, you are ensuring that you will receive the finest in legal representation, including personal and individual attention to your specific needs.